House Bill Would Amend Toy & Game Choking Warnings in Catalogues, Internet
On July 27, 2010, Representative Lowey introduced H.R. 5887, the Choking Hazard Awareness Act, which would strengthen the Consumer Product Safety Commission requirements regarding choking hazard labeling for certain toys and games in Internet and catalogue advertising.
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The bill would remove some of the flexibility established under CPSC’s November 2008 final rule on the topic.
Would Require Choking Warning in All Instances, Mandate Length, Etc.
H.R. 5887 would amend CPSC’s advertizing requirements for the toys, games, balloons, small balls or marbles which require choking hazard warnings under 15 USC 1278 so that the cautionary statement on choking for these products would have to be displayed in any Internet, catalogue, or other distributed material advertisement for these products.
In addition, the bill would require the choking warning to be:
- displayed in its entirety;
- located on or immediately adjacent to the advertisement;
- in the language that is primarily used in the advertisement, catalogue, or Internet website; and
- conspicuous and legible type in contrast by typography, layout, or color with other material printed or displayed in such advertisement.
The bill would also make it a prohibited act not to comply with these requirements.
2008 CPSC Final Rule Allows for More Flexibility
In November 2008, CPSC issued a final rule on this issue which only requires the choking warnings to be displayed if the Internet or catalogue advertising provides a direct means to purchase or order subject products. The rule also allows for abbreviated choking warnings and alternatives in certain circumstances and exempts business to business catalogues. (See ITT’s Online Archives or 11/19/08 news, 08111905, for BP summary of CPSC’s November 2008 final rule.)